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HomeMy WebLinkAbout2025-10-15; Planning Commission; Resolution 7555Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS PLANNING COMMISSION RESOLUTION NO. 7555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION DETERMINATION AND APPROVING CARLSBAD TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE DEVELOPMENT OF A 12-UNIT, THREE-STORY, RESIDENTIAL CONDOMINIUM PROJECT ON A 0.34- ACRE SITE LOCATED AT 2647 JEFFERSON ST., WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: 2647 JEFFERSON ST. HOMES CASE NO.: CT 2024-0006/PUD 2024-0007 /CDP 2024-0036 (DEV 2024-0094) WHEREAS, 2647 JEFFERSON LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as THAT PORTION OF LOT 1 (NORTHEAST QUARTER OF NORTHEAST QUARTER) OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNADINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY ("the Property"); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Coastal Development Permit, and Tentative Tract Map as shown on Exhibit(s) "A" -T" dated OCT. 15, 2025, on file in the Planning Division, CT 2024-0006/PUD 2024-0007 /CDP 2024-0036 (DEV2024-0094) -2647 JEFFERSON ST. HOMES, as provided by Chapters 21.16, 21.45, 21.201, and 20.12 of the Carlsbad Municipal Code;and WHEREAS, the Planning Commission did, on OCT.15, 2025, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map, Planned Development Permit, and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS A) That the foregoing recitations are true and correct. B) Compliance with CEQA. The proposed action to demolish two existing single-family residential structures and the construction of four, three-story, residential condominium triplexes (12 units) is categorically exempt from environmental review under CEQA Guidelines section 15332 (Class 32 -Infill Development Projects), which allows for infill development projects that meets certain criteria, such as being surrounded by urban uses and not resulting in significant impacts. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(() apply. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by t he decision-making body. B) That based on the evidence presented at the public hearing, the Commission APPROVES CT 2024-0006/PUD 2024-0007 /CDP 2024-0036 (DEV2024-0094}-2647 JEFFERSON ST. HOMES, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map (CT 2024-0006} 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of t he General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 12-unit residential condominium project created through the tentative tract map satisfies all the minimum requirements of Title 20 of the Carlsbad Municipal Code and has been designed to comply with all applicable regulations including the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the R-23 General Plan Land Use designation, as modified by State Density Bonus Law. Density Bonus Law is a State mandate. A Developer who meets the requirements of State law is entitled to receive the density bonus and other benefits as a matter of right. As conditioned, the design and improvements of the proposed project are consistent with the General Plan. All approvals and permits required by Title 21 of the Carlsbad Municipal Code for the project have been obtained or will be concurrently obtained with the approval of the tract map. The design of the tract map or the type of improvements is not likely to cause serious public health problems. The proposed location and size of the right-of-way, sanitary facilities and utilities, traffic access, and grading were all reviewed for compliance with relevant city policies and codes. Furthermore, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. Therefore, the proposed project has been designed to meet the requirements of the city and other service agency standards. All necessary public facilities and services are in place or can be extended to serve the project, which comes with support from fire, water, sewer, and school service providers, indicating that existing facilities are available to service the project. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed and are currently designated as R-23 Residential in the General Plan. The proposed development is in conformance with the applicable goals and policies of the General Plan Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS because the land use designation allows for residential uses on the project site. The subject property is bordered on all sides by existing multi-family residential development and the project's bulk, size, and scale is consistent with the patterns established on adjoining properties. Given the existing, surrounding development, the residential condominium project is compatible with existing and future land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the R-23 General Plan Land Use designation allows residential development at a density range of 19 to 23 dwelling units per acre and up to eight (8) base units are allowed on the subject 0.34- acre parcel. Pursuant to State Density Bonus Law, the Developer proposes a 38.75% density bonus to allow for the construction of up to 12 units. In exchange, the Developer is required to designate 12% of the base units onsite (one unit) as affordable to very low-income households for 55 years, earning up to 50% of the area median income (AMI). Additionally, all required development standards and design criteria, aside from those waived or reduced in compliance with State Density Bonus Law, required by the Multiple-Family Residential (R-3) Zone and the Planned Development Ordinance are incorporated into the 12-unit residential condominium project. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the 12-unit residential condominium project has been designed and conditioned so that there are no conflicts with established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures include operable windows on all elevations and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 7. That the Planning Comm ission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that consistent with the lnclusionary Housing Ordinance and State Density Bonus Law, the project provides 12% of the base units onsite (one unit) as affordable to very low-income households for 55 years, earning up to 50% of the area median income (AMI). The one (1) very low-income unit proposed to satisfy State Density Bonus Law requirements also satisfies lnclusionary Housing Ordinance requirements. Pursuant to Carlsbad Municipal Code Chapter 21.85, lnclusionary Housing Ordinance, 15% of the base units, or one (1) unit, shall be constructed and restricted both as to occupancy and affordability to lower-income households; 8 units X 15% = 1 unit (1.2 rounded down). 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the 12-unit residential condominium project site has been previously developed or disturbed with the development of a single-family residential structure and is surrounded by existing single-family and multi-family residential development. Furthermore, the project site is devoid of sensitive Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS vegetation and any natural water features which would support habitat for threatened or endangered species. 9. That the discharge of waste from the subdivision will not result in violation of existing Ca lifornia Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. The proposed subdivision complies with all requirements of the hillside development regulations, Chapter 21.95 of the Carlsbad Municipal Code, in that the project site is not subject to the hillside development regulations. 11. The proposed tract map meets or performs all applicable requirements of the Subdivision Map Act and that none of the findings (a) through (g) in Section 66474 of the California Government Code that require a city to deny approval of a tract map apply to the project. Planned Development Permit (PUD 2024-0007) 12. The proposed project is consistent with the general plan, and complies with all applicable provisions of Carlsbad Municipal Code Chapter 21.45, and all other applicable provisions of the Carlsbad Municipal Code, in that the R-23 General Plan Land Use designation allows residential development at a density range of 19 to 23 dwelling units per acre and up to eight (8) base units (rounded up under State Density Bonus Law) are allowed on the subject 0.34-acre parcel. Pursuant to State Density Bonus Law, the Developer proposes a 38.75% density bonus to allow for the construction of up to 12 units. In exchange, the Developer is required to designate 12% of the base units onsite (one unit) as affordable to very low-income households for 55 years, earning up to 50% of the area median income (AMI). As discussed in the staff report, the project is consistent with all minimum development and design standards applicable to the property, aside from those waived or reduced in compliance with State Density Bonus Law, as contained in Carlsbad Municipal Code Chapters 21.16 (Multiple-Family Residential Zone (R-3)) and 21.45 (Planned Developments) of the Carlsbad Municipal Code. 13. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the 12-unit residential condominium project is compatible with existing surrounding single-family and multi-family residential uses as permitted by the Multiple-Family Residential (R-3) Zone, and does not create any traffic or circulation impacts as Jefferson Street is adequately designed to accommodate the 72 Average Daily Trips (ADTs) being generated. 14. The project will not adversely affect the public health, safety, or general welfare, in that the 12-unit residential condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding multiple-family, condominium, and single- family residential uses. 15. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the 12-unit residential condominium project is arranged with units along a private drive aisle that is enhanced Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS by decorative pavers and landscaping. The four-building configuration of three-story buildings with attached garages are architecturally harmonious with each other and include a variety of exterior materials and colors that are complementary of each other. Primary building materials include finish stucco and composite wood siding, in white and gray with accents in black for garage doors, window frames, and guardrails. All elements (i.e., site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit (CDP 2024-0036) 16. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23 Residential (19- 23) for multi-family residential development by the Mello II LCP. The project consists of the demolition of two residential structures on two lots and the construction of 12 condominiums in four separate triplex buildings. The proposed project is compatible with the surrounding existing single-family and multi-family residential structures. The three-story structures will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on-site. The proposed project is not located in an area of known geological instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 17. The proposal is in conformity with the public access and recreat ion policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the 12-unit residential condominium project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. 18. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Carlsbad Municipal Code Chapter 21.203 of the Zoning Ordinance) in that the 12-unit residential condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 19. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Carlsbad Municipal Code Chapter 21.202 of the Zoning Ordinance). 20. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Carlsbad Municipal Code Chapter 21.204 of the Zoning Ordinance). General 21. The Planning Commission finds that t he project, as conditioned herein, is in conformance with the Elements of the city's General Plan based on the facts set forth in the staff report dated Oct. 15, 2025, including, but not limited to the following: Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS a. Land Use & Community Design -The project makes efficient use of limited land supply by subdividing a 0.34-acre site into 12 condominiums units on one lot. The project meets all development standards (aside from those waived or reduced in compliance with State Density Bonus Law) provides adequate parking, and the proposed design and materials ensure the development will be compatible with the surrounding neighborhood. Furthermore, the project provides additional housing within the existing neighborhood by constructing 11 additional new residences (in addition from the existing single-family residence). b. Housing-Included in the 12 units proposed, the project provides one (1) unit as affordable to very low-income households for 55 years, earning up to 50% of the area median income (AMI). The one (1) very low-income unit proposed to satisfy State Density Bonus Law requirements also satisfies lnclusionary Housing Ordinance requirements. Pursuant to Carlsbad Municipal Code Chapter 21.85, lnclusionary Housing Ordinance, 15% of the base units, or one (1) unit, shall be constructed and restricted both as to occupancy and affordability to lower-income households; 8 units X 15% = 1 unit (1.2 rounded down). c. Mobility -The proposed project has been designed to meet applicable circulation requirements, which include a single driveway access point from Jefferson Street. In addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. d. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. The proposed project is consistent with all applicable fire safety requirements including fire sprinklers. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. e. Noise -The project consists of 12 residential condominiums configured in four separate buildings. A noise study by Birdseye Planning Group, dated June 2024 was provided. The exterior required private recreation areas are below the maximum 60 dB(a) CNEL noise level, and interior noise levels below the maximum 45 dB(a) CNEL can be achieved with operable windows closed. Mechanical ventilation is incorporated into the design of the units, which provides required heating and cooling of units without the need for open windows. 22. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected prior to issuance of building permit. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 24. The Planning Commission finds that t he project, as conditioned herein, is in conformance with the Elements of the city's General Plan, based on the facts set forth in the staff report dated Oct. 15, 2025. 25. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by t heir terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condit ion all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map, Planned Development Permit, and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, Planned Development Permit, and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on t his project are challenged, this approval sha ll be suspended as provided in Government Code Section 66020. If any such condition is determined t o be invalid, this approval sha ll be invalid unless the City Counci l determines that the project wit hout the condition complies with all requirements of law. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Tentative Tract Map, Planned Development Permit, and Coastal Development Permit (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until al l legal proceedings have been concluded and continues even if the city's approval is not va lidated. 6. Prior to submitting the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Tract Map, Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to t he City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to t hat Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project and substantial work has been performed with at least one major inspection (foundation, underfloor, frame, or final) conducted by the city within 36 months of project approva l. 10. Bui lding permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are avail able to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. The applicant acknowledges that sewer connection(s) for the Project will not be available until that segment of existing 8" sewer main in Jefferson Street between Buena Vista Way and Laguna Drive is upsized to the satisfaction of the City Engineer. A note to this effect shall be placed on the Final Map. In order to facilitate this goal, the city may enter into an agreement with property owners willing or required to construct public sanitary sewer infrastructure in order to reimburse those constructing the work for a fair share of the direct cost of construction collected from properties that directly benefit from that construction. The Developer may prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a city standard agreement to install and shall post security in accordance with Carlsbad Municipal Code Section 20.16.070 for public improvements. Said improvements shall be installed to city standard to the satisfaction of the City Engineer. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS 11. Developer shall pay the Citywide Public Facilit ies Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1 pursuant to Carlsbad Municipal Code Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of t he County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Planned Development Permit, and Coastal Development Permit on the property. Said Notice of Rest riction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Prior to issuance of grading permit(s), developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping sha ll be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems sha ll be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans sha ll be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Project has been granted additional units, a concession, and waivers in accordance with density bonus provisions found in Government Code Sections 65915 to 65918 and Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the project had a calculation of 8 base units (rounded up). The applicant requested an increase in density to allow four (4) additional units, for a total project size of 12 units. Based on the requested density bonus, the applicant must provide 12% of the base units as very low-income units, as defined by California Health and Safety Code Section 50053. The project must provide one (1) density bonus very low-income affordable unit based on calculations in Government Code Section 65915. 16. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carl sbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for t he proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final tract map approval. Prior to Certificate of Occupancy, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. A "hold" will be placed on the building permit (i.e., Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City sha ll have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ ., Section _____ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity t he maintenance w hich the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Assoc iation fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the City shall be entitled to cause such work to be completed and shall be entit led to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS collecting such special assessment in accordance with the procedures set forth in Article __ of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shal l be as set forth in Exhibit _____ _ f. Ba lconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _ 18. Prior to Certificate of Occupancy, the Developer sha ll submit to the City Planner a recorded copy of the Condominium Plan filed with t he Bureau of Rea l Estate which is in conformance with the City- approved documents and exhibits. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Cou ncil Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, t hen in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is t he taxing agency responsible for the financing mechanism. The form of not ice is subject to the approval of t he City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 20. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all t imes. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 22. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Bui lding Department Policy No. 80-6, to the satisfaction of the City Planner and Building Official. 24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 25. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS is empowered to temporarily divert or halt grading to allow for coordination with the Luiseno Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians, or other Luiseno Native American tribe that meets all standard requirements of the tribe for such Agreements, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will address provision of a Luiseno Native American monitor and contain provisions to address the proper treatment of any Tribal Cultural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitor and the archaeologist. Engineering: General 26. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for t he proposed haul route. 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 28. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveway, utilities, street trees, sidewalks, landscaping, lighting, enhanced paving, water quality treatment measures and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The CCR's shall include a requirement to provide an annual verification of the effective operation and maintenance of each structural treatment control BMP in accordance with the BMP maintenance agreement and the SWQMP. The annual verification shall be submitted to the enforcement official in a format as approved by the city prior to the start of the rainy season. 29. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall insta ll rain gutters in accordance with said plans. 30. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. 31. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 32. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the pa rkway frontage with Jefferson Street as shown on the Tentative Map. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS Fees/ Agreements 33. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 34. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 35. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 36. Developer sha ll cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fa ir share contributions for undergrounding of all existing overhead utilit ies and installation of streetlights, as needed, along the subdivision frontage, should a future district be formed. Grading 37. Based upon a review of the proposed grading and the grading quantities shown on the (tentative map), a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 38. Developer shall comply with t he city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 39. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction ofthe city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 40. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer w ith final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 41. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 42. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage al l to the satisfaction of the city engineer. Dedications/Improvements 43. Developer shall cause owner to dedicate to the city and/or other appropriate ent ities for the public street and public utility purposes as shown on the Tentative Map. The offer sha ll be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of t he city engineer. 44. Developer shal l design the private drainage systems, as shown on the Tentative Map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) sha ll be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 45. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 46. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with Carlsbad Municipal Code Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb and Gutter B. Sidewalk C. Water Service Laterals D. Sewer Service Lateral E. Irrigation Service Lateral F. Driveway Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standa rd improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 47. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 48. Developer sha ll provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS maintenance access roads are not practical and/or permitted, developer shall incorporate low­ maintenance design features to the satisfaction of the city engineer. 49.Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 50.Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard (subdivision) Improvement Agreement and has posted security in accordance with Carlsbad Municipal Code Section 20.16.070 to install public improvements shown on the (tentative map). These improvements include, but are not limited to: 1)Sidewalk 2)Curb and Gutter 3)Half street grind and overlay 4)Water Service Laterals 5)Sewer Service Lateral B.Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C.Geotechnical Caution: 1)The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or mai ntena nee. D.No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E.The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. F.There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS Utilities 51. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project 52. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 53. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 54. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the (tentative map) to the sat isfaction of the district engineer and city engineer. 55. The potable water service for this project shall be master-metered which shall be located within a water easement subject to approval by the district engineer. Developer shall install private sub- meters as necessary for all proposed units in the building. Final meter design, backflow preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on public improvement plans. 56. Prior to the issuance of a building permit, the developer shall submit detailed design drawings and studies for the construction of a private (potable water system, sewer system, etc.) required to serve the project. Said drawings and studies shall be prepared and submitted to the satisfaction of the building official. 57. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to t he satisfaction of the city engineer. 58. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad M unicipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the (tentative map) are for planning purposes only. 59. Prior to the issuance of Building permits, the developer shall pay a special (or separate) sewer connection fee for the development project's proportionate share of sewer capacity (in Equivalent Dwelling Units) to be constructed for the Jefferson Street Sewer Replacement project, Capital Improvement Program Project No. 2615. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 1. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to t he satisfaction of the city engineer. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS 2. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad M unicipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 3. Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Vil lage Drive, Carlsbad, Ca lifornia, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Section 21.54.150, the appeal must be in writing and st ate the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. The project site is within the appealable area of the California Coasta l Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, w ithout a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance (11Notice of Fina l Action"). The filing of a valid appeal with the Coastal Commission within such time limit sha ll stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission NOTICE Please take NOTICE that approval of your project includes the 11imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 11fees/exactions.11 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance wit h Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to w hich the statute of limitations has previously otherwise expired. Docusign Envelope ID: 170CA876-DFEA-4E30-86D6-71F97F581 BAS PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Oct. 15, 2025, by the following vote, to wit: AYES: Meenes, Burrows, Foster, Hubinger, Merz, Fitzgerald. NAYES: Lafferty. ABSENT: None. ABSTAIN: None. ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner